MUNICIPAL CORPORATION Vs. OM PRAKASH DUBEY

JUDGEMENT

(1.) Leave granted.

(2.) Appellant is a Municipal Corporation constituted under the Madhya Pradesh Municipal Corporation Act, 1956 (for short, 'the Act'). Indisputably, the terms and conditions of service of its employees are governed by statutory rules. Yet again in terms of Section 58 of the Act, the State of Madhya Pradesh may issue directions, which the Corporation is obliged to follow.

(3.) A large number of employees were appointed by the Corporation on daily wages. The terms and conditions of their appointment are not known. It is, however, not disputed that recruitment procedure, as laid down by the rules framed by the State of Madhya Pradesh in terms of the said provisions of the Act, had not been followed. Industrial disputes were said to have been raised and different labour courts in their Awards arrived at different conclusions. The Municipal Corporation purported to have laid down a policy decision to regularise the services of the employees in terms whereof those who had been working from a period prior to 31st December, 1983 were to be regularized according to seniority and availability of posts on fulfilling the eligibility criteria laid down therefore. Several writ petitions were filed questioning the correctness or otherwise of the said Awards. When the matter was pending before the High Court, the counsel appearing on behalf of the Corporation brought to its notice about the said purported scheme of the State.